Owor Agree and Another v Centenary Bank and Another (25 of 2023)
Owor Agree and Another v Centenary Bank and Another (25 of 2023) [2025] UGHC 185 (7 February 2025)
The court held that the mandatory nature of Order 11 Rule 1(2) of the Civil Procedure (Amendment) Rules, 2019 requires parties to take out summons for directions within the prescribed period, failing which the suit abates automatically. The Plaintiffs failed to comply, and thus Civil Suit No.25 of 2023 abated. Regarding the counterclaim, the court found that a Defendant cannot counterclaim against a co-Defendant and other persons not party to the suit, as per Order 8 Rules 2 and 8 of the Civil Procedure Rules and persuasive case law. The 1st Defendant's counterclaim was therefore incompetent.…
Source excerpt
- Abatement Of Suit
- Summons For Directions
- Counterclaim Incompetence
- Cause Of Action
- Inherent Powers Of Court